Construction Defect
Also known as: Building Defect, Defective Construction
Any flaw in a home's design, materials, or workmanship that reduces its value, compromises safety, or makes it unsuitable for its intended use. Defects range from minor cosmetic issues to major structural failures.
Detailed Explanation
Construction defects fall into four categories: design defects (flawed plans), material defects (substandard materials), workmanship defects (poor construction quality), and subsurface defects (site preparation issues).
Common examples include foundation cracking or settling, water intrusion through the roof or windows, HVAC system failures, plumbing leaks, electrical problems, and improperly installed exterior cladding.
Some defects are obvious at closing. Others may not appear for months or years — which is why warranty coverage and statutes of limitation and repose are so important.
In Your Contract
Your warranty document should define what qualifies as a defect. Performance standards may set specific thresholds. The dispute resolution section governs how defect claims are handled.
Key Points
- 1Four types: design, material, workmanship, and subsurface.
- 2Some defects appear immediately; others take years to manifest.
- 3Document defects thoroughly with photos and written descriptions.
- 4Notify the builder in writing as soon as possible.
- 5Do not make repairs yourself until you have documented the issue and given the builder an opportunity to respond.
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